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THE ROLE OF LEGAL ASSISTANCE INSTITUTIONS IN PROVIDING LEGAL ASSISTANCE TO WOMEN AS VICTIMS OF SEXUAL VIOLENCE 法律援助机构在向性暴力受害妇女提供法律援助方面的作用
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.14
Anita Damayanti
The purpose of this study was to determine the legal assistance provided by LBH APIK to victims of sexual violence and the obstacles faced by LBH APIK in providing legal assistance to women victims of sexual violence. This research is a field research where data collection is carried out by interviewing parties related to the research topic. The results of the study show that: 1) The legal basis of the Indonesian Women's Association for Justice Legal Aid Institute or LBH APIK in providing legal assistance to women victims of violence is based on Law no. 16 of 2011 concerning Legal Aid, Law no. 18 of 2003 concerning Advocates and Standard Operating Procedures, hereinafter abbreviated as SOP. The role in providing legal assistance to women as victims is litigation and non-litigation. Litigation is a process of mentoring from the beginning of handling a case to a verdict in court, non-litigation is a process outside the court that is up to the mediation stage. In addition, LBH APIK carries out other legal reinforcements such as conducting legal counseling and legal seminars held in the Makassar city area. 2) The obstacles faced by LBH APIK in handling their cases are victims who are reluctant to tell their cases and the police who think that if there is sexual violence against women it is based on consensual factors, not coercion. LBH APIK carried out other legal reinforcements such as conducting legal counseling and legal seminars held in the Makassar city area. 2) The obstacles faced by LBH APIK in handling their cases are victims who are reluctant to tell their cases and the police who think that if there is sexual violence against women it is based on consensual factors, not coercion. LBH APIK carried out other legal reinforcements such as conducting legal counseling and legal seminars held in the Makassar city area. 2) The obstacles faced by LBH APIK in handling their cases are victims who are reluctant to tell their cases and the police who think that if there is sexual violence against women it is based on consensual factors, not coercion.
本研究的目的是确定LBH APIK向性暴力受害者提供的法律援助以及LBH APIK在向性暴力妇女受害者提供法律援助方面面临的障碍。本研究是一项实地研究,通过采访与研究主题相关的各方来收集数据。研究结果表明:1)印度尼西亚妇女司法协会法律援助研究所(LBH APIK)向暴力受害妇女提供法律援助的法律依据是第2号法律。2011年第16号法,关于法律援助。2003年第18号关于倡导者和标准操作程序,以下简称SOP。向作为受害者的妇女提供法律援助的作用是诉讼和非诉讼。诉讼是一个从办案开始到法院判决的指导过程,非诉讼是一个法院外的过程,一直到调解阶段。此外,LBH APIK还进行其他法律援助,如在望加锡市地区举行法律咨询和法律研讨会。2) LBH APIK在处理案件时面临的障碍是,受害者不愿意说出自己的情况,而警察认为,如果存在针对妇女的性暴力,那是基于双方同意的因素,而不是强迫。律师事务所还开展了其他法律援助工作,例如在望加锡市地区进行法律咨询和举办法律研讨会。2) LBH APIK在处理案件时面临的障碍是,受害者不愿意说出自己的情况,而警察认为,如果存在针对妇女的性暴力,那是基于双方同意的因素,而不是强迫。律师事务所还开展了其他法律援助工作,例如在望加锡市地区进行法律咨询和举办法律研讨会。2) LBH APIK在处理案件时面临的障碍是,受害者不愿意说出自己的情况,而警察认为,如果存在针对妇女的性暴力,那是基于双方同意的因素,而不是强迫。
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引用次数: 0
TYPOLOGY OF LEGAL RESEARCH METHODS IN NORMATIVE AND SOCIOLOGICAL THINKING 规范性和社会学思维中的法律研究方法类型学
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.769
Ujang Charda S
Legal Research Methods in understanding and exploring technical aspects of legal research in accordance with the peculiarities of legal science which has a dual paradigm, not only normative in character, but also with sociological empirical character. The research method used is descriptive analytical with a normative juridical approach through the literature and field research stages with data collection techniques through library research. Then the data were analyzed through a qualitative normative method without using numbers and mathematical formulas. Based on the results of the study, it shows that the dichotomy of the scientific paradigm of legal science has actually resulted in a lack of agreement among legal scientists regarding the legal research model that will be developed to answer various legal issues that arise in the life of the legal community. This dual legal scientific paradigm also ultimately creates confusion regarding the research model that will be developed when conducting legal research
法律研究方法是根据法学的特点来理解和探索法律研究的技术方面,具有双重范式,既具有规范性,又具有社会学的经验性。使用的研究方法是描述性分析与规范的法律途径,通过文献和实地研究阶段与数据收集技术,通过图书馆研究。在此基础上,不使用数字和数学公式,采用定性规范方法对数据进行分析。根据研究结果,它表明,法律科学范式的二分法实际上导致法律科学家对将发展的法律研究模式缺乏共识,该模式将回答法律界生活中出现的各种法律问题。这种双重的法学科学范式也最终造成了在进行法学研究时将发展的研究模式的混乱
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引用次数: 0
JURIDICAL REVIEW OF MEDICAL SERVICES AT LABUANG BAJI REGIONAL GENERAL HOSPITAL, MAKASSAR CITY ACCORDING TO LAW NO. 36 YEAR 2009 CONCERNING HEALTH 对望加锡市拉旺巴吉地区总医院医疗服务的法律审查。36 . 2009年,关于健康
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.13
Siti Amimah
This study aims to determine: (1) how is the legal relationship between doctors and patients in the action of medical services at the Labuang Baji General Hospital Makassar. (2) Is every doctor responsible for the patient in an effort to provide medical services at the hospital? (3) What are the factors that influence the implementation of medical services at the Labuang Baji Regional General Hospital, Makassar City. Based on the results of this study indicate that 1) The legal relationship that occurs between doctors and patients in the action of medical services at the Labuang Baji Makssar Regional General Hospital is when the patient states his complaint and is then responded to by the doctor and when the patient is examined by the doctor, where the doctor has expressed his willingness which is expressed verbally or implicitly in showing an attitude or action that concludes the doctor's willingness. 2) a doctor is always responsible for every action given to his patient. 3) The factors that influence the implementation of medical services in hospitals are: the gap between the expectations of the patient or the patient's family towards the medical profession
本研究旨在确定:(1)望加锡Labuang Baji总医院在医疗服务行动中的医患法律关系如何。(2)是否每个医生都对病人负责,努力在医院提供医疗服务?(3)影响望加锡市拉旺巴吉地区总医院医疗服务实施的因素有哪些?基于这项研究的结果表明,1)医生和病人之间发生的法律关系在医疗服务的作用Labuang Baji Makssar地区综合医院在病人州他的抱怨,然后对医生,当病人被医生检查,医生已经表达了他的意愿表示口头或隐式地在表明一种态度或行为,总结了医生的意愿。医生总是对病人的每一次行动负责。3)影响医院医疗服务实施的因素有:患者或患者家属对医疗职业期望的差距
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引用次数: 0
THE ROLE OF NOTARIES IN BANKING CREDIT AGREEMENTS: ANALYSIS OF LAWS NO. 10 OF 1998 AND NO. 2 OF 2014 公证员在银行信用协议中的作用:法律分析no。1998年10号,没有。2014年2月
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.173
Rizal Ramadhani
The position of a Notary, as a General Officer who makes an authentic deed is very much needed in banking business activities, one of which is in making a deed of banking credit agreement involving customers and banks, to guarantee the truth of the contents set forth in the banking credit agreement, so that the truth is not publicly disclosed. no doubt. The approach method is normative juridical, namely legal research conducted by reviewing and testing secondary data in the form of positive law. The research specification used is descriptive analytical, that is, systematically describes the facts and problems related to the role of a notary in banking credit agreements in the event that the debtor defaults in relation to Law no. 10 of 1998 jo. Law No. 2 of 2014 concerning changes to the position of a notary. Notaries are very important in helping to create legal certainty and protection for the community. This legal certainty and protection can be seen through the authentic deed made as perfect evidence in court. Whereas the role of a notary in the deed of banking credit agreement made notarial by a notary is very useful for creditors if the debtor defaults on the strength of the evidence. In banking practice, making credit agreements with private deeds can also provide execution guarantees because both notarial and private deeds are always followed by institutions with other guarantee institutions whose deeds are executorial such as APHT.
公证员是银行业务活动中非常需要的一种制作真实契据的总干事,其中一种是制作涉及客户和银行的银行信用协议契据,以保证银行信用协议所规定内容的真实性,使其不被公开披露。毫无疑问。方法是规范法学,即通过审查和检验实证法形式的二手数据进行的法律研究。所使用的研究规范是描述性分析的,也就是说,系统地描述了在债务人违约的情况下,公证人在银行信贷协议中的作用的事实和问题。1998年10月的工作。关于公证员职位变更的2014年第2号法律。公证人在帮助建立法律确定性和保护社区方面非常重要。这种法律上的确定性和保护可以通过将真实的契据作为法庭上的完美证据来体现。而在由公证人公证的银行信贷协议契据中,如果债务人因证据不足而违约,则公证人的作用对债权人是非常有用的。在银行业实践中,以私人契约签订信用协议也可以提供执行担保,因为公证契约和私人契约总是由机构与其他担保机构签订,其契约是执行的,如APHT。
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引用次数: 0
IMPLEMENTATION OF PROVISION OF LEGAL ASSISTANCE FOR SUSPECTS AT YOGYAKARTA POLICE 在日惹警察局执行为嫌疑犯提供法律援助的工作
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.15
Rini Agustine
This study aims to describe (1) the implementation of providing legal aid for suspects at the Yogyakarta Police, (2) the obstacles encountered in the implementation of the provision of legal aid, and (3) efforts to overcome obstacles in the implementation of providing legal aid for suspect at the Yogyakarta Police. This research is a descriptive study with a qualitative research method approach. Research subjects were determined by purposive technique. The research subjects are the Deputy for Criminal Investigation, Police Investigator, Head of Investigative Unit I, Head of Operational Development Affairs and legal advisors as legal aid providers. Data were collected by interview and documentation methods. The results of this study indicate that the implementation of providing legal assistance for suspects who are poor and threatened with imprisonment for five years or more is when the Police, especially the investigators carry out their obligations as regulated in the Criminal Procedure Code, in particular Articles 54 and 56. the suspect at the Yogyakarta Police, namely the limited funds for the implementation of the provision of Legal Aid at the Yogyakarta Police, namely Rp. 3,000,000.00 per case when it should be Rp. 5,000,000.00 per case, the availability of Legal Aid Providers at Poresta Yogyakarta is not yet sufficient, there are some investigators who do not understand about the provision of legal aid for indigent (poor) suspects. Efforts in overcoming obstacles in the implementation of providing legal assistance for suspects at the Yogyakarta Police, namely,
本研究旨在描述(1)日惹警察局为犯罪嫌疑人提供法律援助的实施情况,(2)在提供法律援助的实施过程中遇到的障碍,以及(3)在为犯罪嫌疑人提供法律援助的实施过程中克服障碍的努力。本研究是采用定性研究方法的描述性研究。采用目的技术确定研究对象。研究对象是刑事调查副主任、警察调查员、第一调查股股长、业务发展事务股长和作为法律援助提供者的法律顾问。采用访谈法和文献法收集资料。这项研究的结果表明,向贫穷和面临五年或五年以上监禁威胁的嫌疑人提供法律援助是警察,特别是调查人员履行《刑事诉讼法》,特别是第54和56条所规定的义务的时候。日惹警察局的嫌疑犯,即在日惹警察局实施提供法律援助的资金有限,即每宗案件300万卢比,而每宗案件应该是500万卢比,日惹警察局的法律援助提供者的可用性还不够,有一些调查人员不了解为贫困(贫穷)嫌疑人提供法律援助的情况。努力克服在日惹警察局为嫌疑犯提供法律援助方面的障碍,即:
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引用次数: 0
PROSPECTS FOR SETTLEMENT OF CIVIL CASES THROUGH MEDIATION IN STATE COURTS BASED ON REGULATION OF THE SUPREME COURT NUMBER 1 OF 2016 根据2016年最高法院第1号条例,州法院通过调解解决民事案件的前景
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.187
Sufmi Dasco Ahmad
The process of examining civil cases (lawsuits) in District Courts, such as at the Class IA Bale Bandung District Court is carried out through several stages, namely from the administrative process, to the examination in front of the trial/trial proceedings, one of which is a peace event (mediation), which carried out at the beginning of the trial, the procedure for which is currently regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, which revokes and declares that Perma Number 1 of 2008, whose implementation is considered ineffective. Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This study finds answers, namely that: the process of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has been carried out optimally, but the results of case settlement through mediation have not been achieved optimally and settlement of civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has good prospects, if judges, mediators, and advocates are able to motivate and encourage litigants to settle the case amicably through mediation in order to accelerate the settlement of the case. In connection with the results of the study, the authors submit the following suggestions: In order for the implementation of the settlement of civil cases through mediation in the District Court based on the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the results are more optimal, one of which is the need for a mediator who has high integrity and impartiality supported by the ability to listen, ask questions, observe, interview, counsel and negotiate; and it is necessary to socialize the Regulation of the Supreme Court Number 1 of 2016 intensively to all elements of the legal profession to better understand the objectives of the PERMA.
在地区法院审查民事案件(诉讼)的过程,如在一级贝尔万隆地区法院,是通过几个阶段进行的,即从行政程序到审判/审判程序前的审查,其中一个是在审判开始时进行的和平事件(调解),其程序目前在最高法院2016年第1号关于法院调解程序的规定中进行。撤销并宣布2008年第1号法令,该法令的实施被认为是无效的。基于本文研究的背景和问题,本文的研究目标如下:根据最高法院2016年第1号《关于法院调解程序的规定》,了解和分析贝尔万隆地方法院通过调解解决民事案件的过程,以及根据最高法院2016年第1号《关于法院调解程序的规定》,贝尔万隆地方法院通过调解解决民事案件的前景。本研究找到了答案,即:根据2016年最高法院关于法院调解程序的第1号条例,贝尔万隆地方法院通过调解解决民事案件的过程得到了最佳执行。但是,通过调解解决案件的效果并不理想,如果法官、调解员和辩护人能够激励和鼓励当事人通过调解友好解决案件,以加速案件的解决,那么根据最高法院2016年第1号关于法院调解程序的规定,贝尔万隆地方法院通过调解解决民事案件具有良好的前景。根据研究结果,笔者提出以下建议:根据2016年《最高法院关于法院调解程序的第1号规定》,在地方法院实施民事案件调解,其结果更为理想,其中之一是需要一名具有倾听、提问、观察、访谈、辩护和谈判能力的高度诚信和公正的调解员;有必要将2016年第1号最高法院条例密集地社会化到法律专业的所有要素,以更好地理解PERMA的目标。
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引用次数: 0
ENFORCEMENT OF THE DISCIPLINE REGULATIONS OF CIVIL SERVANTS SPECIFICALLY EDUCATORS IN THE EDUCATION, YOUTH AND SPORTS OFFICE OF KUDUS REGENCY BASED ON LAW NO. 43 OF 1999 ON STAFFING POINTS 执行公务员纪律条例,特别是教育、青年和体育办公室的教育工作者,根据第633号法律。1999年第43号关于员额编制点的公告
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.17
Muhammad Fauzunnas
Enforcement of Civil Servant Discipline Regulations at the Kudus Regency Education, Youth and Sports Office is an effort or effort made by the Kudus Regency Government, especially at the Kudus Regency Education, Youth and Sports Office in creating disciplined and quality civil servants, and providing services to the public because civil servants as government officials and public servants to serve the public interest are expected to always be ready to carry out the duties that have become their responsibilities properly. The problems studied in this study are: (1) How is the application of discipline for Civil Servants specifically for educators at the Education Office, Kudus Regency Youth and Sports? (2) What are the factors that influence the occurrence of violations of Civil Servants specifically for educators in the Office of Education, Youth and Sports of Kudus Regency? (3) What are the efforts that have been made by the Education, Youth and Sports Office of Kudus Regency in increasing the discipline of Civil Servants especially for Kudus Regency educators? This study aims to: (1) To determine the level of work discipline of Civil Servants especially educators in the Office of Education, Youth and Sports of Kudus Regency. (2) To find out the inhibiting factors in improving the discipline of Civil Servants, especially educators at the Kudus Regency Education, Youth and Sports Office. (3) To improve the performance of Civil Servants, especially educators in the Education Office, Kudus Regency Youth and Sports. This study uses a descriptive qualitative method, while the approach is a sociological juridical approach. The location of this research is the Office of the Education, Youth and Sports Office of the Kudus Regency. Sources of research data through: 1) Informants. 2) Respondents. For the informants are employees of the Education Office and the researchers interviewed 5 people and for the respondents were educators and the researchers interviewed 6 people. Data collection techniques are carried out through: 1) Interviews. 2) Observation 3) Documentation. The data is then selected and analyzed through 1) Data collection, 2) Data presentation, 3) Data verification. This study obtained the following results: (1) The number of educators who were affected by minor violations were 2 people, moderate disciplinary violations were 1 person
《库德斯郡教育、青年和体育办公室公务员纪律条例的执行》是库德斯郡政府,特别是库德斯郡教育、青年和体育办公室为培养有纪律和高素质的公务员所做的努力。并为公众提供服务,因为公务员作为政府官员和为公众利益服务的公务员,被期望随时准备履行已成为他们责任的职责。本研究研究的问题是:(1)公务员纪律如何适用于库德斯摄政青年和体育教育办公室的教育工作者?(2)库德斯摄政区教育、青年和体育办公室发生专门针对教育工作者的公务员侵权行为的影响因素是什么?(3)库德斯县教育、青年和体育办公室在加强公务员纪律方面做出了哪些努力,特别是对库德斯县教育工作者?本研究旨在:(1)确定库德斯县教育、青年和体育办公室公务员特别是教育工作者的工作纪律水平。(2)找出制约公务员纪律提高的因素,特别是库德斯摄政教育、青年和体育办公室的教育工作者。(3)提高公务员,特别是教育办公室、Kudus Regency青年和体育部门的教育工作者的表现。本研究采用描述性定性方法,而方法是社会学法学方法。这项研究的地点是库德斯摄政的教育、青年和体育办公室。研究数据的来源:1)线人。2)受访者。调查对象是教育办公室的雇员研究人员采访了5个人调查对象是教育工作者研究人员采访了6个人。数据收集技术通过:1)访谈。2)观察。3)文献。然后通过1)数据收集,2)数据呈现,3)数据验证来选择和分析数据。本研究得出以下结果:(1)受轻微违纪影响的教师人数为2人,受中度违纪影响的教师人数为1人
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引用次数: 0
THE EFFECTIVENESS OF LAW NUMBER 6 OF 2014 CONCERNING VILLAGE IN RELATIONSHIP WITH COMMUNITY PARTICIPATION 关于村庄与社区参与关系的2014年第6号法律的有效性
Pub Date : 2021-07-30 DOI: 10.58471/justi.v12i1.16
Nelwan Nelwan
This study aims to determine how the application and the extent to which the factors that influence Law Number 6 of 2014 concerning Villages are related to the participation of the people of Bojo Village, Budong-budong District, Central Mamuju Regency. The research method used is "Field Research and Study literature”, the sources were obtained from interviews and various literatures related to the effectiveness of Law Number 6 of 2014 concerning Villages qualitatively and presented descriptively. The results of this study are as follows (1) In the application of Law Number 6 of 2014 concerning Villages it can be said that it is not effective in the community of Bojo Village, Budong-budong District, Central Mamuju Regency. During the enactment of the Village Law, there were still many residents who did not know the existence and contents of the Village Law, and there was still very little community participation in various activities carried out in Bojo Village. (2) In its implementation, the Village Law Number 6 of 2016 has several factors that affect the effectiveness of its enforcement, one of which is that the condition of the community is mostly farmers and plantation workers causing frequent Village activities that are not followed by the community on the grounds that they are more concerned with doing work in order to fulfill their needs. necessities of life
本研究旨在确定关于村庄的2014年第6号法的适用和影响因素在多大程度上与中央马木朱县布东-布东区Bojo村人民的参与有关。使用的研究方法是“实地调查和研究文献”,资料来源是从访谈和各种文献中获得的,这些文献与2014年关于村庄的第6号法的有效性有关,并进行了定性的描述。本研究的结果如下:(1)在2014年第6号关于村庄的法律的应用中,可以说它在中央马木州县布东布东区Bojo村的社区是无效的。在《村法》颁布期间,仍然有很多居民不知道《村法》的存在和内容,社区对博霍村开展的各种活动的参与仍然很少。(2)在实施过程中,2016年第6号村法有几个影响其执行有效性的因素,其中一个因素是社区的情况主要是农民和种植园工人,导致社区频繁的村庄活动没有被社区关注,理由是他们更关心的是为了满足他们的需求而做的工作。生活必需品
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引用次数: 0
THE ROLE OF ENVIRONMENTAL LAW IN SUSTAINABLE DEVELOPMENT TO REALIZE COMMUNITY WELFARE AND ENVIRONMENTAL JUSTICE 环境法在可持续发展中实现社区福利和环境正义的作用
Pub Date : 2021-07-29 DOI: 10.58471/justi.v12i1.337
Fox Justi, Dr. Mas Subagyo, Eko Prasetyo, M. Hum, Alan Musyafaan
for life in all its aspects and dimensions in accordance with the insight of the archipelago. In order to utilize natural resources to promote public welfare as mandated in the 1945 Constitution of the Republic of Indonesia and to achieve a happy life, sustainable development with an environmental perspective, based on an integrated and comprehensive national policy taking into account the needs of the present generation and future generations. For this reason, it is necessary to consider implementing a harmonious, harmonious, and balanced environmental management in order to support the implementation of sustainable development with an environmental perspective. In implementing the protection and management of the environment in the context of sustainable development with an environmental perspective, it is necessary to pay attention to the level of public awareness and the development of the global environment as well as international legal instruments related to the environment. Public awareness and life in relation to environmental protection and management has developed in such a way that it needs to be perfected to achieve sustainable development goals with an environmental perspective. The regulations stipulated in Law no. 32 of 2009 concerning Environmental Protection and Management, especially in Chapter VII that the management of hazardous and toxic materials as well as hazardous and toxic waste materials must be carried out, in order to minimize the waste disposal system with very little risk for the environment, human survival and other living things. By realizing this, hazardous and toxic materials and their waste need to be protected and managed properly.his research was conducted through the juridical-normative method, where the study of the approach used a conceptual approach. The purpose of this study is to find out how far the influence of the Sustainable Development Goals (SDGs) applied to the environment is, whether it is as expected or vice versa, and to see the influence of environmental law which is the legal basis for this research in solving problems related to this. . And of course with the SDGs, many things must be available, namely the existence of pillars that must exist accompanied by institutions that become the necessary background, in terms of economics, politics, culture, and related bureaucracies.
为生命的各个方面和维度按照群岛的洞察力。为了按照1945年《印度尼西亚共和国宪法》的规定利用自然资源促进公共福利,并在考虑到今世后代需要的综合和全面的国家政策的基础上实现幸福的生活和具有环境观点的可持续发展。因此,有必要考虑实施和谐、和谐、均衡的环境管理,以支持从环境角度实施可持续发展。在从环境角度出发的可持续发展背景下实施环境保护和管理时,必须注意公众的认识水平和全球环境的发展以及与环境有关的国际法律文书。公众在环境保护和管理方面的意识和生活已经发展到需要完善的程度,以实现从环境角度出发的可持续发展目标。第2号法规定的条例。《环境保护与管理条例》第32号关于环境保护与管理的规定,特别是第七章规定,必须对危险和有毒物质以及危险和有毒废物进行管理,以最大限度地减少废物处理系统对环境、人类生存和其他生物的风险。认识到这一点,就需要适当地保护和管理危险和有毒材料及其废物。他的研究是通过司法规范方法进行的,其中对方法的研究使用了概念方法。本研究的目的是了解可持续发展目标(Sustainable Development Goals, SDGs)对环境的影响有多大,是否如预期的那样,以及环境法对解决相关问题的影响,环境法是本研究的法律依据。当然,对于可持续发展目标,很多东西都必须是可用的,也就是说,支柱的存在必须伴随着制度的存在,这些制度在经济、政治、文化和相关的官僚机构方面成为必要的背景。
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引用次数: 0
THE ROLE, POSITION, AND FUNCTIONS OF VERBAL WITNESSES AS EVIDENCE IN PROVING CRIMINAL CASES ASSOCIATED WITH THE CRIMINAL PROCEDURE CODE (KUHAP) 口头证人在与刑事诉讼法相关的刑事案件中作为证据的作用、地位和功能
Pub Date : 2021-07-01 DOI: 10.58471/justi.v12i1.471
Fox Justi, T. Tatang, Sekolah Tinggi, Ilmu Hukum, D. Politik, Pelopor Bangsa
A criminal case is the act of a person who has violated the provisions of material criminal law, both those stipulated in the Criminal Code (KUHP) and those regulated outside the Criminal Code. The evidence is the central point in the examination of cases in court. This is because through this stage of evidence there is a process, method, act of proving to show whether the defendant is right or wrong in a criminal case in court. However, as time goes by the practice of criminal justice in Indonesia, it is often the case that the testimony of witnesses in front of the trial differs from the information that witnesses give at the investigation stage, which is contained in the minutes of witness examination. If there is a difference in information like this, then the information before the court takes precedence. If the priority is the information in the Witness's BAP, then all of the accusations of the public prosecutor are proven automatically. If something like this happens, then the thing that can be done is to summon the investigating officer who made the BAP to be examined in front of the trial called a verbal witness. The research specification used is descriptive analytical, which provides data or a description as accurately as possible about the object of the problem, while the approach used in this study is a normative juridical approach. The results of this study explain that, The role of verbal witnesses as evidence in proving criminal cases associated with the Criminal Procedure Code (KUHAP) is very important, because it is useful for finding answers regarding the defendant who revoked the Examination Report (BAP) who admitted that he was tortured, forced or he felt trapped by the police during the investigation process, the Judge or the Public Prosecutor presented the Verbalisan Witness to find answers or refutation of what was stated by the defendant..
刑事案件是违反《刑法》和《刑法》以外规定的《物质刑法》规定的人的行为。证据是法庭审查案件的中心问题。这是因为通过这一阶段的证据,有一个过程、方法、行为来证明法庭上刑事案件中被告是对还是错。然而,随着印度尼西亚刑事司法实践的时间推移,经常出现证人在审判前的证词与证人在调查阶段提供的资料不同的情况,这些资料载于证人审查的记录中。如果这样的信息存在差异,那么法庭上的信息优先。如果优先考虑证人BAP中的信息,那么公诉人的所有指控都将自动得到证明。如果发生了这样的事情,那么可以做的事情就是传唤制作BAP的调查人员在审判前接受审查,称为口头证人。使用的研究规范是描述性分析,它尽可能准确地提供有关问题对象的数据或描述,而本研究中使用的方法是规范性司法方法。研究结果表明:“在刑事诉讼法相关的刑事案件中,口头证人作为证据的作用非常重要,因为对于在调查过程中承认受到酷刑、强迫或被警察诱捕的撤销考试报告(BAP)的被告人来说,口头证人的作用非常重要。”法官或公诉人出示口头证人,以寻找对被告陈述的答案或反驳。
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Fox Justi : Jurnal Ilmu Hukum
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